특정범죄가중처벌등에관한법률위반(위험운전치사상)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 10, 2013, while under the influence of alcohol around 19:15, the Defendant driven a rocketing car with a 0.182% alcohol concentration, and proceeded at a speed of about 20 km per hour at a speed of about 5 km among the five-lanes in black stone shooting distance from the new-dong bank, the Defendant was in a state in which normal physical manipulation and accident, such as blood color, red, fluening and suppression flow, and walking is impossible due to influence of alcohol at the time.
Nevertheless, the defendant is driving a stroke in such a state as above.
The victim C (the age of 30) waiting for the signal at the front intersection, which led to the motor vehicle driven by the victim C(the age of 30) and led the motor vehicle to the front part of the motor vehicle.
As a result, the Defendant driving a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (V, 54 years old) by driving the vehicle for about two weeks, such as clock, tension, etc., which requires medical treatment for the above victim, and suffered from the injury of the clicked salt, which requires medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture has a record of being punished by a fine due to drinking driving, and the defendant recommits the crime of this case due to drinking driving, and the blood alcohol concentration of this case.